Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation
Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.
Justice Rai Chattopadhyay
Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage
Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.
‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement
“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”
Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC
“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”
Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person
Calcutta High Court held that a juridical person cannot be physically apprehended, and such an order is not executable.
Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’
“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”
Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery
“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”
Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release
Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.
Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt
Calcutta High Court delved into the legalities surrounding the presumption under Section 139 of the Negotiable Instruments Act, 1881, emphasizing that it is a “rebuttable presumption”.